R-05-03-10-14B2 - 3/10/2005RESOLUTION NO. R -05-03-10-14B2
A RESOLUTION MAKING FINDINGS AS TO THE FEASIBILITY AND
DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS
THE FOREST CREEK DRIVE PUBLIC IMPROVEMENT DISTRICT;
MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND
ESTIMATED COSTS OF THE PROPOSED IMPROVEMENTS AND THE
METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE
DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC
IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372,
SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE; MAKING
PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE
DATE; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") authorizes the
City of Round Rock, Texas (the "City") to create one or more public improvement districts; and
WHEREAS, on or about December 10, 2004, the owners of certain real property located
within the City delivered to the City a Petition (the "Petition") to create Forest Creek Drive Public
Improvement District (the "District") the boundaries of which are described by metes and bounds
in Exhibit "A", attached hereto and incorporated herein, save and except the 3.469 acres described
in Exhibit "B," attached hereto and incorporated herein (the "Property"); and
WHEREAS, the City Secretary of the City has received the Petition and it has been
determined that the owners of more than 50% of the appraised value of the taxable real property and
more than 50% of the area of all taxable real property within the District have executed the Petition
and that the Petition complies with the Act and authorizes the City Council to consider the creation
of the District; and
WHEREAS, after providing all notices required by the Act, the City Council on March 10,
2005 conducted a public hearing on the advisability of the improvements and the creation of the
District; and
WHEREAS, the City Council adjourned such public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS:
I.
That the following findings are made and declared regarding the proposed Forest Creek Drive
Public Improvement District :
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1. The Petition to establish the District is sufficient and is accepted as being in
compliance with the provisions of the Act;
2. It is advisable to make the improvements set forth in the Petition and the same will
benefit the land described therein, enhance the value thereof and be of benefit and use
to the City and the residents of the District;
3. The nature the Proposed Improvements shall consist of the costs of materials and
labor for construction of two lanes of Forest Creek Drive running through the
Property, the median, sidewalks on each side of Forest Creek Drive, drainage and
lighting, but not including engineering and design costs, which will be borne solely
by the City. The parties hereto agree that the portion of the cost of Forest Creek
Drive paid by the Developer is attributable to the needs of Developer's development.
4. The estimated costs of the Proposed Improvements are Six Hundred Seventy-seven
Thousand Eighty-one and 55/100 Dollars ($677,081.55), plus 5.5% simple interest,
which includes expenses incurred in the establishment and administration of the
Proposed Improvements. In no event shall the total District assessment be more than
Six Hundred Seventy-seven Thousand Eighty-one and 55/100 Dollars ($677,081.55),
plus simple interest of 5.5%, except as authorized in the Development Agreement by
and between the Owner and the City of Round Rock, approved by the City on
August 26, 2004 in Resolution No. R -04-08-26-13E1.
5. The estimated costs shall be paid from special assessments on all the Property of the
District.
6. The land described in the Petition will all be benefitted by the Proposed
Improvements and therefore the boundaries of the District shall be as described in
Exhibit "A," attached hereto and made a part hereof for all purposes, save and except
the 3.469 acres described in Exhibit "B," attached hereto and made a part hereof;
7. The method of assessment shall be as follows: An assessment of Six Hundred
Seventy -Seven Thousand, Eighty -One and 55/100 Dollars ($677,081.55) shall be
levied on the Property and shall be paid on a per -acre, pro -rated basis, due seven (7)
years after Substantial Completion of Forest Creek Drive through the Property, or at
time of plat recordation, whichever first occurs. Substantial Completion shall mean
the date on which the City's Director of Public Works notifies the contractor that the
portion of Forest Creek Drive through the Property has been finally accepted by the
City.
2
8. The costs of the Proposed Improvements shall be shared by the Property within the
boundaries of the District and by the District property owners. The City shall incur
no costs associated with the PID.
II.
The Forest Creek Drive Public Improvement District is hereby created as provided by the Act
and in accordance with the findings made in Section I hereof. Provided, however, such authorization
does not authorize Petitioner to take any action that would obligate the City in any way or cause the
City to incur any risk or cost.
This Resolution shall be published one time in the Round Rock Leader, the official
newspaper of the City, and upon such publication authorization of the Forest Creek Drive Public
Improvement District shall become effective.
IV.
City staff is hereby authorized to take all action necessary to prepare a preliminary
assessment roll, publish any necessary notices, set dates for public hearings and take all other action
necessary to effectuate the purposes of this Resolution.
V.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings
Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 10th day of March, 2005.
CHRISTINE R. MARTINEZ, City Secretary
3
MAXWE , Mayor
City of Round Rock, Texas
• EXHIBIT
Being 147.076 acres of land, more or less, out of and a part of the Prior A. Holder Survey,
Abstract No. 297, situated in Williamson County, Texas, being more fWly described as being all
of that certain Tract 3, described in a deed to Round Rock Ranch, Ltd., as recorded in Volume
2418, Page 51 of the Deed Records of Williamson County, Texas.
AUSTIN SURVEYORS
P.O. BOX 1=243
' AMIN,TEXAS 1171s
2105 JUSTIN LANE Bios
(512) 45,4406
Aowmpaitmea fcrptec 1043-nr nehP
FIELD NOTES FOR 3.469 ACRFS
A11 that certain tract or parcel of land situated n1 the P. A. Holder Survey, A-297, Williamson County, Texas
and being a part of a 147.076 acre tract of land, designated as Tract 3, is a deed to Round Rock Ranch Ltd.
recorded in Volume 24I8, Page S1of the Deed Records of Wiliiams00 County. Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at an iron pin found in an angle point ofthe above mentioned Tract 3 for the
South corner of a 8.856 acre tract of land conveyed to Wilshire Homes Inc. by deed
recorded as Document No. 2000006061 and the West corner of a 9.550 acre tract of land
conveyed to C.F. Etta by deed recorded as Document No. 9621999 of the Official Records
of Williamson Couto, Texas, saddle East comer of this tract.
THENCE S 89'29'37"W 4.26 Sed to am iron pin sex in the PC of a curve to the left said
curve having a radius .of 1350.00 f; et and a central angle of 14°54'37".
THENCE with the aro of the said curve 351.32 feet the long chord of which bears
S 80°20'57" W 350.32 to an iron pin set for the PT ofthe said curve.
THENCE S 27°09'37'"W 28.13 fbet to an iron pin set in the PC of a curve to the left said
curve having a radius of 1330.00 feet and a carnal angle of 16°09' 13".
THENCE with the arc of the said Curve 374.97 feet the long chord of wiiidi bears
S 63'158'17"W 373.73 to an iron pia set for the PT ofthe said curve.
•
THENCE S 77'27'51'W 52.04 feet to an iron pin set in She PC of a curve to the left said
curve having a radius of 1350.00 feet and a central angle of 011'20'15".
THENCE with the arc of the said curve 31.52 feat the long chord of which beats
S 53°10'17" W 31.51 to an Wallin ser for the PT of the said curve.
THENCE S 52°30'09" W 565.80 feet to an iron pin set on the Northeast line of a 41.153
corn tract of land conveyed to the State of Texas by deed recorded k Volum*, 1970, Page
515 ofthe Deed Records of Williaupcu
may, Texas for the South comer of this tract.
THENCE N 51044'46" W with the Northeast line of the above mentioned 41.153 acre batt
.1 103.17 feet to an iron pin set for the West Domer of this tract.
. THENCE N 52°30109" E 591.20 feet to am iron pia set in the PC of a Curve to the
right
• carve hang a radius of 1450.00 foot and a central angle of 3412'39". said
THENCE with the arc of the said curve 874.22 feet the sub -chord of which bears
N 69°46'29" E 861.04 feet to an iron pin set on the Northeast line of the said Tract 3 and
the South comer of the above mentioned 8.856 acre tract for the North comer of this tract.
EXHIBIT
3.469 ACRES
PAGE 2 OF 2
THENCE S 44"29'45' E with the Northeast line of the said Tract 3 52.66 feet to an iron pin
farad for an angle point of this tract.
THENCE S 26°24'58• E 51.96 fret to the POINT OF BEGINNING containing 3.469 acres
of land, more or less.
1, Claude F. Hide, Jr. , a Registered Professional Laud Surveyor, do hereby certify that these field notes
were prepared from an on -the -ground survey made under my supervision during May of 2001 and are
cornea to the best of my lmowledgeand belief. These field notes were prepared for a transfer of title from
Round Rock Ranch, Ltd. to The City of Round Rock. Any use of this description by any person for any
other pub is expressly prohibited.
Date 1043.doc
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SERVICE
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REDWOOD-TRCE
DATE: March 3, 2005
SUBJECT: City Council Meeting - March 10, 2005
ITEM: 14.6.2. Consider a resolution creating the Forest Creek Drive Public
Improvement District.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director
Justification:
On or about December 10, 2004, a petition was received from the owners of certain
property within portions of the Round Rock Ranch Subdivision to create the Forest
Creek Drive Public Improvement District (PID). This District will levy assessments
against real property within the Forest Creek Drive Public Improvement District to
pay for the costs of construction of portions of Forest Creek Drive. A public hearing
was held earlier tonight to receive public testimony on the advisability of these
improvements and the creation of the PID.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Round Rock Ranch, Limited
Background Information:
Forest Creek Drive is a major arterial shown in the City's Transportation Master
Plan. The city currently has a project to construct remaining portions of this facility
between Rusk Road and the Lake Forest Subdivision. This project is being funded
using 4B Corporation Funds and developer contributions made through Cost
Sharing/Development Agreements. However, the portion of this project, through
Round Rock Ranch, is proposed to be paid by means of a PID. The contract for this
construction, in the amount of $2,969,564.65 was awarded by the City Council at
the August 26, 2004 meeting.
Public Comment: N/A